Welcome back. Our estate planning attorney in Cary NC is here to talk more about guardianship for elders. If you missed our previous blog, contain more information, be sure to visit back with it before moving on.
Elder Guardianship | Estate Planning Attorney in Cary NC
For adults and the elderly, guardianships are often considered the “last resort” because the person is losing all or most of his or her basic rights, and because of the person’s age, they are not likely to be restored. For someone who is still aware of the situation, it can be embarrassing to admit that he or she needs help with basic decisions. Being reassured that it is for their best interests can help, and it can be comforting to know that their matters, both personal and financial, will be taken care of for them.
Before someone can be appointed guardian, the person, or potential ward, must be evaluated in order to determine that he or she is incapacitated. It can be difficult to prove someone is unable to make their own decisions in some cases. There are people who are functional most of the time, but have short periods of time where they may become confused due to dementia or another illness that causes mental functions to break down. It is up to a judge to use several sources to determine if the person is incapable of caring for him or herself before proceeding with a guardianship case.
Before appointing someone guardian, that person must be able to show that he or she is reliable, trustworthy and able to make decisions on behalf of the ward. He or she must be 18 years or older with no criminal record.
While guardianship can be terminated, in the case of the elderly, it is not often done because they will continue to lose mental functions due to age or their disease. Working with an estate planning attorney in Cary NC can help you better understand this situation.
As we mentioned previously, when creating an estate plan, a person can factor in what may happen to them as they age. They can work with an estate planning attorney in Cary NC and plan to have someone appointed to take care of their estate as well as make decisions on their behalf should they start to show signs of dementia, or should they become incapacitated due to another illness. This can ensure that they are protected and that their wishes will be carried out even when they are no longer able to express them.
If you're ready to start planning today, contact our estate planning attorney in Cary NC. We are here to help you.